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Articles Posted in personal injury

Accidents happen every day in California, and when they do, they change the lives of accident victims. Most accidents are preventable and are caused by one careless or negligent action of another individual. After an accident occurs, you can file a compensation against the liable, or at-fault, party. Unfortunately, the personal injury claims process is not easy, and one mistake could cause you to forfeit the compensation you desperately need after an accident. Before filing your claim, consider the following four quick facts about personal injury law in California.

California Follows Tort Law

Along with most other states in the country, California is a tort state. This means that if you are injured in an accident caused by the negligence of another person, you must file a claim directly against the liable party, or with their insurance company. If you contributed to the accident and are found to be partially at fault, you can still file a claim to recover a portion of the damages available. California follows pure comparative fault law, meaning that even if you are assigned 99% of fault,  you can file a claim for the remaining 1% of damages you sustained.

Accidents happen every day, and it is not always easy to determine if you have a valid personal injury claim afterward. It is for this reason that you should always speak to a personal injury attorney after any type of accident. However, before calling a lawyer, you can also read through the guidelines below to determine if you have a valid personal injury claim.

You Were in an Accident

To file a personal injury claim, you generally must have been involved in an accident. Personal injury law covers a wide variety of circumstances. Car accidents, truck accidents, bicycle accidents, and slip and falls are just a few of the most common types of accidents. Additionally, you may have a valid claim if you were bitten by someone else’s dog or were hurt by a defective product.

Dashboard cameras, more commonly known as dash cams, are becoming increasingly popular in California. People sometimes use them to capture the actions of police officers while on duty, or to obtain footage of potentially dangerous drivers, such as individuals other motorists suspect are driving while impaired. Dash cams are also sometimes used to collect evidence during car accidents, as they can show what happened in the moments leading up to a crash and determine which driver was negligent. The question is, do dash cams help your case, or can they actually hurt it?

Are Dashboard Cameras Legal?

Dashboard cameras have been legal in California since 2011. However, there are restrictions placed on them. Dash cams cannot be any larger than five square inches when they are located in the upper center of the windshield. When they are placed in the lower right corner, dash cams can be no larger than seven square inches. Dashboard cameras can also not be placed anywhere an airbag would deploy.

To most people, the term ‘distracted driving’ usually refers to texting while driving. Although texting and driving is a form of distracted driving, and against the law, there are many other types of distractions drivers contend with when behind the wheel. Although these other forms of distractions may not be against the law, a driver may still be found negligent when engaging in these behaviors.  Accident victims can hold negligent drivers liable for providing compensation for any injuries or losses. For this reason, it is crucial that all drivers are aware of the different types of distractions, so they can avoid them.

Adjusting Controls in the Vehicle

Looking over to adjust the climate control in your vehicle, the radio, or any other type of control may seem like a fairly safe practice. When you do this though, you take your eyes off of the road, and you can cause an accident in that short moment. If possible, ask a passenger to make these adjustments, or use the controls on the steering wheel, if your vehicle is equipped with them.

jeremy-wong-298986-copy-300x200As the new coronavirus sweeps the globe, residents in nursing homes have been some of the hardest hit populations. An outbreak, which can be declared after just one of two residents test positive for the virus, can be deadly for anyone in the nursing home. Since the virus first emerged, it has been said that the people most vulnerable to the sickness are the elderly. 

Although there is seemingly little that can be done about it, the staff and owners of these nursing homes have more responsibility on their shoulders than ever. When they fail to meet that responsibility and are negligent in their duties, nursing home residents and their families can hold those staff members and nursing home owners liable for any damages. A California nursing home abuse lawyer can help families with their case.

Nursing Home Guidelines During COVID-19 Set By CMS

deonny-rantetandung-115900-copy-300x200In the best of cases, a dog bite results in only very minor injuries. In the worst cases, victims suffer severe lacerations that often come with complications, permanent scarring, and more. When accident victims suffer from these injuries, they can file a claim against the dog owner to secure compensation that can help with their recovery. California is a strict liability state. This means that victims do not have to prove that the dog owner was negligent or knew of a dog’s violent history. However, there are still certain elements of proof that are required in dog bite cases. These are outlined below.

You Were Legally Located

To have a valid dog bite claim, you must have legally been on the property where you were bitten. If you were in a public space, such as a park, you likely have a valid claim. If you were legally on private property, such as at a friend’s house, you also likely have a valid claim. However, if you were illegally on property, you are considered a trespasser and you may not have a valid dog bite claim.

jake-blucker-147540-copy-300x200Car accidents occur every day in California. Even when a crash is caused by another person’s negligence, though, it may not require the help of a car accident lawyer. Although most car accident claims can greatly benefit from the help of an attorney, seeking legal counsel is not always necessary. How do you know if you need the help of a lawyer? If your car accident involves any of the factors below, the chances are good that your claim can greatly benefit from the advice of a San Francisco car accident lawyer.

The Accident Involved Serious Injuries or Death

If you only sustained minor bruises and scrapes in the accident, there is a good chance that you do not need a lawyer. When the injuries are more serious, however, or worse, result in wrongful death, you must seek the help of an attorney who knows the law and can advise on your claim.

daniel-monteiro-413416-copy-199x300California may not get the harsh winters that are seen throughout much of the country. However, even in the Golden State the weather changes during the winter. Temperatures drop and the days are shorter, and this causes car accidents that may not have occurred during the hot summer months. Below are the three most common types of accident claims filed in California during winter, and what you should do if you are involved in any of them. If you have been injured in any type of accident, reach out to a California personal injury lawyer today.  

Slip and Fall Accidents

Only certain parts of California see any snow during the winter, but the entire state gets some rainfall, and icy patches are sometimes found in some areas. In slippery conditions like these, it is easy for a person to slip and fall and become seriously injured. Slip and fall accidents and claims increase during the winter. 

sonja-langford-eIkbSc3SDtI-unsplash-copy-300x200Many people are hesitant to file a lawsuit because they envision a long and drawn-out legal battle in the courtroom. Not all personal injury cases take a long time to resolve, however. Even when they do, they are worthwhile for accident victims to pursue. These claims are often the only way to obtain compensation that can help with medical expenses, lost income, and more. So, if you have been hurt by someone else’s negligence and wish to file a personal injury claim, how long will it take? That is a difficult question for anyone to answer, even after evaluating the facts of your case. However, there are a few guidelines below you can follow to determine how long it will take before your case is finalized. 

Settlement Negotiations

You may receive your first settlement offer from the other side’s insurance company shortly after the crash. Often this happens just days after an accident while you are still in the hospital. Truthfully, these negotiations can take anywhere from a week to several years. This is because negotiations never really stop until your case is finalized and has been closed. 

ferdinand-stohr-652260-unsplash-copy-300x200When it comes to evidence of a car accident, photos taken at the scene are some of the most important. Eyewitnesses are not always present at the accident scene. Without photographs, there is sometimes little reliable evidence to be collected from the scene aside from the police report. Photos of the scene are so important that this step is listed on every single list of what to do after an accident. However, what should you take pictures of after a crash, exactly? Below you will find, according to San Francisco car accident lawyers, the most important items to document, and tips for taking pictures after a car accident. 

Take a Picture of the Whole Scene

You will want pictures capturing the entire scene to depict exactly what happened. Take a few steps back and take several photos from different angles. Make sure all vehicles involved are in the picture, as well as objects such as guardrails or trees that might be relevant. You also want to show the positions of the vehicles, as this can help determine which driver was negligent

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